Shapur P. Rao v. W.G. Gorge And Allied Industries Ltd., And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2716/2019 in First Appeal No. 1118/2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Geetanjali Joshi I/b. TRD Associates for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 28, 2019 P.C.

Today the matter is placed on board for speaking to the minutes of order dated 13.08.2019.

In cause title, instead of Civil Application No.2716/2016 it should be Civil Application No.2716/2019.

In view thereof, time to carry out the amendment is extended till 21.09.2019.

Order dated 13.08.2019 stands corrected accordingly. Corrected order reads thus:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION 1/4

Civil Application No.2716/2019 in First Appeal No.1118/2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Savita Ganoo a/w. Priynaka i/b. TRD Associates for the Applicant Mr. Dhaval Patil i/b. K. Ashar & Co. for Respondent No.3.

CORAM: K.K.TATED, J.

DATED : AUGUST 13, 2019 P.C.

Heard. The learned counsel for the Applicant submits that all the Respondents are duly served. She submits that the Affidavit of Service is filed. The statement is accepted.

By this Civil Application the Applicant is seeking deletion of name of Respondent No.9 Vijaya Bank from the cause title of the First Appeal. She submits that Vijaya Bank is merged with Respondent No.3 Bank of Baroda. These facts are not denied by the advocate for Respondent No.3.

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Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

The Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That Applicant be granted leave to amend the Memo of Appeal and Civil Applications therein and delete Respondent No.9 from the cause title of the Memo of Appeal and the Civil Applications pending therein in accordance with Schedule-I."

b.

Amendment to be carried out on or before 31.08.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

c.

If amendment is carried out within stipulated time as stated hereinabove the Applicant is directed to serve an amended copy of the First Appeal on the advocate for the other side immediately.

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d.

The Civil Application stands disposed of accordingly.

d.

No order as to costs.

(K.K.TATED, J.) 4/4